The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 KENYON DERRAL BROWN, Case No. 1:21-cv-01061-NONE-HBK
12 Petitioner, ORDER GRANTING PETITIONER’S
MOTION FOR REVIEW OF PETITION
13 v.
(Doc. No. 20)
14 NORTH KERN STATE PRISON,
DIRECTOR OF CDCR,
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Respondent.
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Pending before the Court is Petitioner’s pleading docketed by the clerk as a “motion for
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summary judgment” on October 27, 2021. (Doc. No. 20). Petitioner, who is pro se, has pending
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a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). In his one-page
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pleading, Petitioner asks the Court “to make a ruling in the interests of justice” because he
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believes he has “proved cognizable claims.” (Doc. No. 20 at 1). The Supreme Court has
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instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants.
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Boag v. MacDougall, 454 U.S. 364, 365 (1982). The Court liberally construes Petitioner’s
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pleading as a motion for the Court to undertake a review of the petition and respondent’s answer
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and issue a ruling in this case.
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1 Courts exercise discretion in how to manage their own docket. Ferdik v. Bonzelet, 963
2 | F.2d 1258, 1261 (9th Cir. 1992). And while this Court endeavors to handle all matters as
3 | expeditiously as possible, this Court has “long labored under one of the heaviest caseloads in the
4 | nation.” See Standing Order in Light of Ongoing Judicial Emergency in Eastern District of
5 | California. Accordingly, Petitioner is advised that the Court will issue findings and
6 || recommendations regarding his petition once it completes review of the record in this case
7 | bearing in mind its current docket and other pending matters. Consequently, Petitioner’s motion
8 | for review is granted to the extent that the Court will consider and review this matter as quickly as
9 | its caseload permits.
10 Accordingly, it is ORDERED:
11 Petitioner’s construed motion for review of the petition (Doc. No. 20) is GRANTED to
12 | the limited extent that the Court will review this case as expeditiously as possible considering its
13 | current caseload.
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| Dated: _ January 8, 2022 Mihaw. fares Zackte
16 HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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